[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1864 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1864

   To establish the Social Security Administration as an independent 
                                agency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 27, 1993

   Mr. Bunning (for himself, Mr. Hastert, Mr. Wise, Mr. Smith of New 
 Jersey, Mr. McHugh, Mr. Shaw, Mr. Hancock, Mr. Ballenger, Mr. Fawell, 
Mr. Spence, Mr. Boehner, Mr. Sensenbrenner, Mr. Gingrich, Mr. Solomon, 
Mrs. Fowler, and Mr. Mollohan) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To establish the Social Security Administration as an independent 
                                agency.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    This Act may be cited as the ``Social Security Integrity Act of 
1993''.

                           TABLE OF CONTENTS

Sec. 1. Short title and table of contents.
Sec. 2. Declaration of purposes.
  TITLE I--ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS AN 
                           INDEPENDENT AGENCY

Sec. 101. Establishment of the Social Security Administration as a 
                            separate, independent agency; 
                            responsibilities of the agency.
Sec. 102. Administrator; Deputy Administrator; other officers.
Sec. 103. Personnel; budgetary matters; facilities; and procurement; 
                            seal of office.
Sec. 104. Transfers to the new Social Security Administration.
Sec. 105. Transitional rules.
Sec. 106. Effective dates. 
       TITLE II--CONFORMING AMENDMENTS AND RULES OF CONSTRUCTION

Sec. 201. Amendments to titles II and XVI of the Social Security Act. 
Sec. 202. Other conforming amendments. 
Sec. 203. Rules of construction.
Sec. 204. Effective dates.

SEC. 2. DECLARATION OF PURPOSES.

    The purposes of this Act are as follows:
            (1) to establish the Social Security Administration as an 
        independent agency, separate from the Department of Health and 
        Human Services;
            (2) to charge the Social Security Administration with 
        administration of the old-age, survivors, and disability 
        insurance program and supplemental security income program;
            (3) to establish an Administrator as head of the Social 
        Security Administration and define the powers and duties of 
        such Administrator;
            (4) to establish a Social Security Advisory Board in the 
        Administration; and
            (5) to provide for delegating major authorities to the 
        Administrator.

  TITLE I--ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS AN 
                           INDEPENDENT AGENCY

SEC. 101. ESTABLISHMENT OF THE SOCIAL SECURITY ADMINISTRATION AS A 
              SEPARATE, INDEPENDENT AGENCY; RESPONSIBILITIES OF THE 
              AGENCY.

    Section 701 of the Social Security Act (42 U.S.C. 901) is amended 
to read as follows:

                    ``social security administration

    ``Sec. 701. There is hereby established, as an independent agency 
in the executive branch of the Government, a Social Security 
Administration. It shall be the duty of the Administration to 
administer the old-age, survivors, and disability insurance program 
under title II and the supplemental security income program under title 
XVI.''.

SEC. 102. ADMINISTRATOR OF THE SOCIAL SECURITY ADMINISTRATION AND OTHER 
              OFFICERS.

    (a) In General.--Section 702 (42 U.S.C. 902) is amended to read as 
follows:

                   ``administrator and other officers

                            ``Administrator

    ``Sec. 702. (a)(1) There shall be in the Administration an 
Administrator who shall be appointed by the President, with the advice 
and consent of the Senate.
    ``(2) The Administrator shall be compensated at the rate provided 
for level I of the Executive Schedule.
    ``(3) The Administrator shall be appointed for a term of 4 years, 
coincident with the term of the President or until the appointment of a 
qualified successor, and shall be removable only for cause. The 
Administrator may be appointed for additional terms.
    ``(4) The Administrator shall be selected on the basis of proven 
competence as a manager.
    ``(5) The Administrator shall be responsible for the exercise of 
all powers and the discharge of all duties of the Administration, and 
shall have authority and control over all personnel and activities 
thereof.
    ``(6) The Administrator may prescribe such rules and regulations as 
the Administrator determines necessary or appropriate to carry out the 
functions of the Administration. The regulations prescribed by the 
Administrator shall be subject to the rulemaking procedures established 
under section 553 of title 5, United States Code.
    ``(7) The Administrator may establish, alter, consolidate, or 
discontinue such organizational units or components within the 
Administration as the Administrator considers necessary or appropriate, 
except that this paragraph shall not apply with respect to any unit, 
component, or provision provided for by this Act.
    ``(8) The Administrator may assign duties, and delegate, or 
authorize successive redelegations of, authority to act and to render 
decisions, to such officers and employees of the Administration as the 
Administrator may find necessary. Within the limitations of such 
delegations, redelegations, or assignments, all official acts and 
decisions of such officers and employees shall have the same force and 
effect as though performed or rendered by the Administrator.
    ``(9) The Administrator and the Secretary shall consult, on an 
ongoing basis, to ensure--
            ``(A) the coordination of the programs administered by the 
        Administrator, as described in section 701, with the programs 
        administered by the Secretary under titles XVIII and XIX of 
        this Act; and
            ``(B) that adequate information concerning benefits under 
        such titles XVIII and XIX shall be available to the public.
    ``(10) The Administrator shall study and make recommendations as to 
the most effective methods of providing economic security through 
social insurance.

               ``Deputy Administrator of Social Security

    ``(b)(1) There shall be in the Administration a Deputy 
Administrator of Social Security who shall be appointed by the 
President, with the advice and consent of the Senate.
    ``(2) The Deputy Administrator shall be appointed for a term of 4 
years coincident with the term of the Administrator, or until the 
appointment of a qualified successor.
    ``(3) The Deputy Administrator shall be compensated at the rate 
provided for level II of the Executive Schedule.
    ``(4) The Deputy Administrator shall perform such duties and 
exercise such powers as the Administrator shall from time to time 
assign or delegate. The Deputy Administrator shall be Acting 
Administrator of the Administration during the absence or disability of 
the Administrator and, unless the President designates another officer 
of the Government as Acting Administrator, in the event of a vacancy in 
the office of the Administrator.

                           ``General Counsel

    ``(c)(1) There shall be in the Administration a General Counsel, 
who shall be appointed by and serve at the pleasure of the 
Administrator. The General Counsel shall be the principal legal officer 
in the Administration.
    ``(2) The General Counsel shall be compensated at the rate provided 
for level IV of the Executive Schedule.

                          ``Inspector General

    ``(d)(1) There shall be in the Administration an Office of the 
Inspector General. Such Office shall be headed by an Inspector General 
appointed in accordance with the Inspector General Act of 1978.
    ``(2) The Inspector General shall be compensated at the rate 
provided for level IV of the Executive Schedule.

                    ``Chief Administrative Law Judge

    ``(e)(1) There shall be in the Administration an Office of the 
Chief Administrative Law Judge, who shall be appointed by the 
Administrator. The duty of the Chief Administrative Law Judge shall be 
to administer the affairs of the administrative law judges serving in 
the Administration in a manner so as to ensure that hearings and other 
business are conducted by the administrative law judges in accordance 
with applicable law and regulations.
    ``(2) The Chief Administrative Law Judge shall report directly to 
the Administrator.''.
    (b) Conforming Amendments Relating to Composition of Board of 
Trustees of OASDI Trust Funds.--Section 201(c) of such Act (42 U.S.C. 
401(c)) is amended--
            (1) in the first sentence, by striking ``shall be composed 
        of'' and all that follows down through ``ex officio'' and 
        inserting the following: ``shall be composed of the 
        Administrator of the Social Security Administration, the 
        Secretary of Health and Human Services, and the Secretary of 
        the Treasury, all ex officio'';
            (2) by inserting after the first sentence the following new 
        sentence: ``The Administrator of the Social Security 
        Administration shall be the Chairperson of the Board of 
        Trustees.''; and
            (3) by striking ``The Commissioner of Social Security shall 
        serve as Secretary of the Board of Trustees.''.

SEC. 103. SOCIAL SECURITY ADVISORY BOARD.

    Section 703 (42 U.S.C. 903) is amended to read as follows:

                    ``social security advisory board

                        ``Establishment of Board

    ``Sec. 703. (a) There shall be established a Social Security 
Advisory Board (hereinafter referred to as the `Board').

                        ``Functions of the Board

    ``(b) The Board shall advise the Administrator on policies related 
to the old-age, survivors, and disability insurance program under title 
II, the supplemental security income program under title XVI, and on 
operations in the Administration. Specific functions of the Board shall 
include--
            ``(1) studying and making recommendations as to the most 
        effective methods of providing economic security through 
        Federal old-age, survivors, and disability insurance benefits 
        under title II and supplemental security income benefits under 
        title XVI;
            ``(2) studying and making recommendations relating to the 
        coordination of other programs that provide economic and health 
        security with programs described in paragraph (1);
            ``(3) making an independent assessment of the annual report 
        issued by the Board of Trustees, as described in section 201, 
        and issuing a report to the President and to the Congress 
        summarizing such assessment;
            ``(4) making recommendations to the President of candidates 
        to consider in selecting nominees for the position of 
        Administrator and Deputy Administrator;
            ``(5) reviewing and assessing the quality of service 
        received from the Administration by beneficiaries and the 
        general public, including among the items so reviewed and 
        assessed the notices, outreach, and telephone access provided 
        by the Administration;
            ``(6) making periodic assessments of the adequacy of 
        computer technology of the Administration for support of 
        program operations;
            ``(7) reviewing and assessing the progress of the 
        Administration in developing needed improvements in the 
        management of programs;
            ``(8) increasing public understanding of the social 
        security system;
            ``(9) in consultation with the Administrator, reviewing the 
        development and implementation of a long-range research and 
        program evaluation plan for the Administration;
            ``(10) reviewing and assessing any major studies of social 
        security as may come to the attention of the Board;
            ``(11) on its own initiative, or as requested by the 
        President, the Committee on Ways and Means of the House of 
        Representatives, or the Committee on Finance of the Senate, 
        reviewing and assessing major legislative proposals regarding 
        social security, including an assessment of the administrative 
        feasibility and probable operational consequences of those 
        proposals; and
            ``(12) conducting such other reviews and assessments that 
        the Board determines to be appropriate.

                ``Structure and Membership of the Board

    ``(c) The Board shall be composed of 7 members who shall be 
appointed as follows:
            ``(1) 3 members shall be appointed by the President, with 
        the advice and consent of the Senate. Not more than 2 of such 
        members shall be from the same political party.
            ``(2) 2 members (each member from a different political 
        party) shall be appointed by the Speaker of the House of 
        Representatives, with the advice of the Chairman and the 
        Ranking Minority Member of the Committee on Ways and Means of 
        the House of Representatives.
            ``(3) 2 members (each member from a different political 
        party) shall be appointed by the President pro tempore of the 
        Senate with the advice of the Chairman and the Ranking Minority 
        Member of the Committee on Finance of the Senate.

                         ``Terms of Appointment

    ``(d) Each member of the Board shall serve for a term of 6 years, 
except that--
            ``(1) a member appointed to fill a vacancy occurring prior 
        to the expiration of the term for which a predecessor was 
        appointed, shall be appointed for the remainder of such term; 
        and
            ``(2) the terms of service of the members initially 
        appointed under this section shall expire as follows:
                    ``(A) of the terms of service of the members 
                initially appointed by the President--
                            ``(i) 1 term shall expire June 30, 1996;
                            ``(ii) 1 term shall expire June 30, 1998; 
                        and
                            ``(iii) 1 term shall expire June 30, 2000;
                as designated by the President at the time of 
                nomination;
                    ``(B) Of the terms of service of members initially 
                appointed by the Speaker of the House of 
                Representatives--
                            ``(i) 1 term shall expire June 30, 1997; 
                        and
                            ``(ii) 1 term shall expire June 30, 1999;
                as designated by the Speaker of the House of 
                Representatives at the time of nomination; and
                    ``(C) Of the terms of service of members initially 
                appointed by the President pro tempore of the Senate--
                            ``(i) 1 term shall expire June 30, 1998; 
                        and
                            ``(ii) 1 term shall expire June 30, 2000;
                as designated by the President pro tempore of the 
                Senate at the time of nomination.

                               ``Chairman

    ``(e) A member of the Board shall be designated by the President to 
serve as Chairman for a term of 4 years, coincident with the term of 
the President, or until the designation of a successor.

                             ``Compensation

    ``(f) Members of the Board shall be compensated as follows:
            ``(1) Members shall be paid at a rate equal to 25 percent 
        of the rate for level III of the Executive Schedule.
            ``(2) For days when the Board or any authorized 
        subcommittee of the Board meets, members who attend meetings on 
        such days shall receive additional compensation in an amount 
        equal to the daily equivalent of the rate for level III of the 
        Executive Schedule.
            ``(3) Service on the Board shall not be treated as Federal 
        service or employment for purposes of receiving any benefits 
        under chapters 83, 84, and 87 of title 5, United States Code.

                               ``Meetings

    ``(g) The Board shall meet not less than 6 times each year to 
consider a specific agenda of issues, as determined by the Chairman in 
consultation with the other members of the Board.

                    ``Federal Advisory Committee Act

    ``(h) The Board shall be exempt from the provisions of the Federal 
Advisory Committee Act (5 U.S.C. App.).

                              ``Personnel

    ``(i)(1) The Board shall, without regard to title 5, United States 
Code, appoint a Staff Director who shall be paid at a rate equivalent 
to a rate for the Senior Executive Service.
    ``(2) The Board is authorized, without regard to title 5, United 
States Code, to appoint and fix the compensation of such additional 
personnel as the Board determines to be necessary to carry out the 
functions of the Board.
    ``(3) In fixing the compensation of additional personnel under 
paragraph (2), the Board shall not authorize that any individual 
appointed under such paragraph be compensated at a rate that is greater 
than the rate of compensation of the Staff Director described in 
paragraph (1).

                    ``Authorization of Appropriation

    ``(j) There are authorized to be made available for expenditure, 
out of the Federal Disability Insurance Trust Fund, the Federal Old Age 
and Survivors Insurance Trust Fund, and the general fund of the 
Treasury, such sums as the Congress may deem appropriate to carry out 
the purposes of this section.''.

SEC. 104. PERSONNEL; BUDGETARY MATTERS; FACILITIES; AND PROCUREMENT; 
              SEAL OF OFFICE.

    Title VII of the Social Security Act is amended by redesignating 
sections 704 through 711 (42 U.S.C. 904-911) as sections 705 through 
712, respectively, and by inserting after section 703 (42 U.S.C. 903) 
the following new section:

              ``administrative duties of the administrator

                              ``Personnel

    ``Sec. 704. (a)(1) The Administrator shall appoint such additional 
officers and employees as the Administrator considers necessary to 
carry out the Administrator's functions. Except as otherwise provided 
in any other provision of law, such officers and employees shall be 
appointed, and their compensation shall be fixed, in accordance with 
title 5, United States Code.
    ``(2) The Administrator may procure the services of experts and 
consultants in accordance with the provisions of section 3109 of title 
5, United States Code.
    ``(3) Notwithstanding section 3133 of title 5, United States Code, 
the Director of the Office of Personnel Management shall authorize for 
the Administration a total number of Senior Executive Service positions 
which--
            ``(A) shall be specified in the comprehensive workforce 
        plan established and revised by the Administrator under 
        subsection (b)(1), and
            ``(B) shall not be less than the number of such positions 
        authorized in the Social Security Administration in the 
        Department of Health and Human Services as of immediately 
        before the date of the enactment of the Social Security 
        Integrity Act of 1993.

                          ``Budgetary Matters

    ``(b)(1) Appropriations requests for staffing and personnel of the 
Administration shall be based upon a comprehensive workforce plan, 
which shall be established and revised from time to time by the 
Administrator. The entire amount of appropriations provided for the 
administrative costs of the Administration shall be apportioned in the 
time period provided in title 31, United States Code, for apportionment 
and shall be apportioned for the entire period of availability without 
restriction or deduction by the apportioning officer or employee of the 
Office of Management and Budget or any other entity within the 
executive branch of the Federal Government, except as otherwise 
provided in this subsection.
    ``(2) The report submitted pursuant to section 704 shall include a 
section reflecting the use of budget authority provided to the 
Administration by quarters.
    ``(3)(A) The authority of the Administration for facilities 
construction, and any authority of the Administration for automated 
data processing procurement which is delegated thereto, shall be 
provided in the form of contract authority covering the total costs 
thereof, to be available until expended.
    ``(B) Amounts necessary for the liquidation of contract authority 
provided pursuant to this paragraph are hereby made available from the 
Federal Old-Age and Survivors Insurance Trust Fund and the Federal 
Disability Insurance Trust Fund to the extent that the Administrator, 
with the concurrence of the Secretary of the Treasury, determines that 
such amounts are not necessary to meet the current obligations for 
benefit payments from the Trust Funds.
    ``(C) Funds appropriated for the Administration to be available on 
a contingency basis shall be apportioned only upon the occurrence of 
the stipulated contingency, as determined by the Administrator and 
reported to each House of the Congress.

                            ``Seal of Office

    ``(c) The Administrator shall cause a seal of office to be made for 
the Administration of such design as the Administrator shall approve. 
Judicial notice shall be taken of such seal.''.

SEC. 105. TRANSFERS TO THE NEW SOCIAL SECURITY ADMINISTRATION.

    (a) Functions.--There are transferred to the Social Security 
Administration all functions carried out by the Secretary of Health and 
Human Services with respect to the programs and activities the 
administration of which is vested in the Social Security Administration 
by reason of this Act and the amendments made thereby. The 
Administrator of the Social Security Administration shall allocate such 
functions in accordance with sections 701, 702, 703, and 704 of the 
Social Security Act (as amended by this Act).
    (b) Personnel, Assets, Etc.--(1) There are transferred from the 
Department of Health and Human Services to the Social Security 
Administration, for appropriate allocation by the Administrator in the 
Social Security Administration--
            (A) the personnel (other than administrative law judges) 
        employed in connection with the functions transferred by this 
        Act and the amendments made thereby, as considered appropriate 
        by the Administrator in consultation with the Secretary of 
        Health and Human Services,
            (B) such number of administrative law judges as are 
        necessary to carry out the functions transferred by this Act 
        and the amendments made thereby, as determined by the 
        Administrator in consultation with the Secretary of Health and 
        Human Services, and
            (C) the assets, liabilities, contracts, property, records, 
        and unexpended balance of appropriations, authorizations, 
        allocations, and other funds employed, held, or used in 
        connection with such functions, arising from such functions, or 
        available, or to be made available, in connection with such 
        functions.
    (2) Unexpended funds transferred pursuant to this subsection shall 
be used only for the purposes for which the funds were originally 
authorized and appropriated.
    (c) Abolishment of Office of Commissioner in the Department of 
Health and Human Services.--Effective upon the entry upon office of the 
initial Administrator of the Social Security Administration pursuant to 
section 702 of the Social Security Act (as amended by this Act), the 
position of Commissioner of Social Security in the Department of Health 
and Human Services is abolished.

SEC. 106. TRANSITIONAL RULES.

    (a) Interim Authority for Appointment and Compensation.--At any 
time on or after the date of the enactment of this Act--
            (1) any of the officers provided for in section 702 of the 
        Social Security Act (as amended by this Act) may enter upon 
        office, as provided in such section, and
            (2) the Administrator of the Social Security 
        Administration, upon entry upon office, may prescribe 
        regulations providing for the orderly transfer of proceedings 
        before the Secretary of Health and Human Services to the 
        Administrator.
Funds available to any official or component of the Department of 
Health and Human Services, functions of which are transferred to the 
Administrator or the Social Security Administration by this Act, may, 
with the approval of the Director of the Office of Management and 
Budget, be used to pay the compensation and expenses of any officer 
entering upon office pursuant to this section until such time as funds 
for that purpose are otherwise available.
    (b) Continuation of Orders, Determinations, Rules, Regulations, 
Etc.--All orders, determinations, rules, regulations, permits, 
contracts, collective bargaining agreements, recognitions of labor 
organizations, certificates, licenses, and privileges--
            (1) which have been issued, made, promulgated, granted, or 
        allowed to become effective, in the exercise of functions (A) 
        which were exercised by the Secretary of Health and Human 
        Services (or his delegate), and (B) which relate to functions 
        which, by reason of this Act, the amendments made thereby, and 
        regulations prescribed thereunder, are vested in the 
        Administrator, and
            (2) which are in effect immediately before July 1, 1994,
shall (to the extent that they relate to functions described in 
paragraph (1)(B)) continue in effect according to their terms until 
modified, terminated, suspended, set aside, or repealed, in accordance 
with law, by such Administrator, except that any collective bargaining 
agreement shall remain in effect until the date of termination 
specified in such agreement.
    (c) Continuation of Proceedings.--The provisions of this Act 
(including the amendments made thereby) shall not affect any proceeding 
pending before the Secretary of Health and Human Services immediately 
before July 1, 1994, with respect to functions vested (by reason of 
this Act, the amendments made thereby, and regulations prescribed 
thereunder) in the Administrator, except that such proceedings, to the 
extent that they relate to such functions, shall continue before the 
Administrator. Orders shall be issued under any such proceeding, 
appeals taken therefrom, and payments shall be made pursuant to such 
orders, in like manner as if this Act had not been enacted, and orders 
issued in any such proceeding shall continue in effect until modified, 
terminated, superseded, or repealed by the Administrator, by a court of 
competent jurisdiction, or by operation of law.
    (d) Continuation of Suits.--Except as provided in this subsection--
            (1) the provisions of this Act shall not affect suits 
        commenced prior to July 1, 1994; and
            (2) in all such suits proceedings shall be had, appeals 
        taken, and judgments rendered, in the same manner and effect as 
        if this Act had not been enacted.
No cause of action, and no suit, action, or other proceeding commenced 
by or against any officer in his official capacity as an officer of the 
Department of Health and Human Services, shall abate by reason of the 
enactment of this Act. Causes of action, suits, actions, or other 
proceedings may be asserted by or against the United States and the 
Social Security Administration, or such official of such Administration 
as may be appropriate, and, in any litigation pending immediately 
before July 1, 1994, the court may at any time, on its own motion or 
that of a party, enter an order which will give effect to the 
provisions of this subsection (including, where appropriate, an order 
for substitution of parties).
    (e) Continuation of Penalties.--This Act shall not have the effect 
of releasing or extinguishing any criminal prosecution, penalty, 
forfeiture, or liability incurred as a result of any function which (by 
reason of this Act, the amendments made thereby, and regulations 
prescribed thereunder) is vested in the Administrator.
    (f) Judicial Review.--Orders and actions of the Administrator in 
the exercise of functions vested in the Administrator under this Act 
(and the amendments made thereby) shall be subject to judicial review 
to the same extent and in the same manner as if such orders had been 
made and such actions had been taken by the Secretary of Health and 
Human Services in the exercise of such functions immediately before 
July 1, 1994. Any statutory requirements relating to notice, hearings, 
action upon the record, or administrative review that apply to any 
function so vested in the Administrator shall continue to apply to the 
exercise of such function by the Administrator.
    (g) Exercise of Functions.--In the exercise of the functions vested 
in the Administrator under this Act, the amendments made thereby, and 
regulations prescribed thereunder, the Administrator shall have the 
same authority as that vested in the Secretary of Health and Human 
Services with respect to the exercise of such functions immediately 
preceding the vesting of such functions in the Administrator, and 
actions of the Administrator shall have the same force and effect as 
when exercised by such Secretary.
    (h) Report.--Within 180 days after the date of the enactment of 
this Act, the Secretary of Health and Human Services and the 
Comptroller General of the United States shall each advise the chairmen 
and ranking minority members of the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate on 
the status of the transition to an independent Social Security 
Administration, including information as to timeliness in filling 
appointments, cooperation encountered in relationships with the 
Department of Health and Human Services and other agencies, and any 
technical problems resulting from the provisions of, and amendments 
made by, this title.

SEC. 107. EFFECTIVE DATES.

    (a) In General.--Sections 101, 102(a), 103, 104, and 105 of this 
Act shall take effect July 1, 1994.
    (b) Exceptions.--Section 102(b) of this Act shall take effect upon 
the entry into office of the initial Administrator of the Social 
Security Administration. Section 106 of this Act shall take effect on 
the date of the enactment of this Act.
    (c) New Spending Authority.--Any new spending authority provided by 
this title shall be effective for any fiscal year only to such extent 
or in such amounts as are provided in advance in appropriation Acts.

       TITLE II--CONFORMING AMENDMENTS AND RULES OF CONSTRUCTION

SEC. 201. AMENDMENTS TO TITLES II AND XVI OF THE SOCIAL SECURITY ACT.

    (a) In General.--Title II of the Social Security Act (other than 
section 201, section 218(d), section 226, section 226A, and section 
231(c)) and title XVI of such Act (other than section 1614(f)(2)(B) and 
section 1616(e)(3)) are each amended--
            (1) by striking, wherever it appears therein, ``Secretary 
        of Health and Human Services'' and inserting ``Administrator of 
        the Social Security Administration'';
            (2) by striking, wherever it appears therein, ``Department 
        of Health and Human Services'' and inserting ``Social Security 
        Administration'';
            (3) by striking, wherever it appears therein, 
        ``Department'' (but only if it is not immediately succeeded by 
        the words ``of Health and Human Services'', and only if it is 
        used in reference to the Department of Health and Human 
        Services) and inserting ``Administration'';
            (4) by striking, wherever it appears therein, the words 
        ``Secretary'' and ``Secretary's'' (but, in the case of either 
        such word only if such word refers to the Secretary of Health 
        and Human Services) and inserting (in the case of the word 
        ``Secretary'') ``Administrator'' and (in the case of the word 
        ``Secretary's'') ``Administrator's''; and
            (5) by striking, wherever it appears therein, ``Internal 
        Revenue Code of 1954'' and inserting ``Internal Revenue Code of 
        1986''.
    (b) Amendments to Section 218.--Section 218(d) of such Act (42 
U.S.C. 418(d)) is amended by striking ``Secretary'' each place it 
appears in paragraphs (3) and (7) and inserting ``Administrator''.
    (c) Amendments to Section 222.--Section 222(d) of such Act (42 
U.S.C. 422(d)) is amended--
            (1) in the last sentence of paragraph (1), by striking 
        ``Commissioner of Social Security'' and inserting 
        ``Administrator of the Social Security Administration''; and
            (2) in the first sentence of paragraph (2), by striking 
        ``Commissioner of Social Security'' and inserting 
        ``Administrator of the Social Security Administration''.
    (d) Amendment to Section 231.--Section 231(c) of such Act (42 
U.S.C. 431(c)) is amended by striking ``Secretary determines'' and 
inserting ``Administrator and the Secretary jointly determine''.
    (e) Amendment to Section 1615.--Section 1615(d) of such Act (422 
U.S.C. 1832d(d)) is amended by striking ``Commissioner of Social 
Security'' and inserting ``Administrator of the Social Security 
Administration''.

SEC. 202. OTHER CONFORMING AMENDMENTS.

    Title VII of the Social Security Act is amended--
            (1) by striking section 705 (as redesignated by section 
        104(a) of this Act) (42 U.S.C. 904) and inserting the following 
        new section:

                               ``reports

    ``Sec. 705. The Secretary and the Administrator shall make full 
reports to Congress, within 120 days after the beginning of each 
regular session, of the administration of the functions with which they 
are charged under this Act. In addition to the number of copies of such 
reports authorized by other law to be printed, there is hereby 
authorized to be printed not more than 5,000 copies of each such report 
for use by the Secretary and Administrator for distribution to Members 
of Congress and to State and other public or private agencies or 
organizations participating in or concerned with the programs provided 
for in this Act.'';
            (2) in section 710(b)(2) (as redesignated by section 104(a) 
        of this Act) (42 U.S.C. 910(b)(2)), by striking ``(as estimated 
        by the Secretary)'' and inserting ``, as estimated by the 
        Administrator or the Secretary (whichever administers the 
        program involved),''; and
            (3) by adding at the end the following new section:

                  ``duties and authority of secretary

    ``Sec. 713. (a) The Secretary shall perform the duties imposed upon 
him by this Act and shall also have the duty of studying and making 
recommendations as to the most effective methods of providing economic 
security and as to legislation and matters of administrative policy 
concerning the programs administered by the Secretary and related 
subjects; except that nothing in this section shall be construed to 
require the Secretary to make studies or recommendations with respect 
to programs administered by the Social Security Administration.
    ``(b) The Secretary is authorized to appoint and fix the 
compensation of such officers and employees, and to make such 
expenditures, as may be necessary for carrying out the Secretary's 
functions under this Act. Appointments of attorneys and experts may be 
made without regard to the civil service laws.''.

SEC. 203. RULES OF CONSTRUCTION.

    (a) References to the Department of Health and Human Services.--
Whenever any reference is made in any provision of law (other than this 
Act or a provision of law amended by this Act), regulation, rule, 
record, court order, or other document to the Department of Health and 
Human Services with respect to such Department's functions under the 
old-age, survivors, and disability insurance program under title II of 
the Social Security Act or the supplemental security income program 
under title XVI of such Act, such reference shall be considered a 
reference to the Social Security Administration.
    (b) References to the Secretary of Health and Human Services.--
Whenever any reference is made in any provision of law (other than this 
Act or a provision of law amended by this Act), regulation, rule, 
record, court order, or other document to the Secretary of Health and 
Human Services with respect to such Secretary's functions under the 
old-age, survivors, and disability insurance program under title II of 
the Social Security Act or the supplemental security income program 
under title XVI of such Act, such reference shall be considered a 
reference to the Administrator of the Social Security Administration.
    (c) References to Other Officers and Employees.--Whenever any 
reference is made in any provision of law (other than this Act or a 
provision of law amended by this Act), regulation, rule, record, or 
document to any other officer or employee of the Department of Health 
and Human Services with respect to such officer's or employee's 
functions under the old-age, survivors, and disability insurance 
program under title II of the Social Security Act or the supplemental 
security income program under title XVI of such Act, such reference 
shall be considered a reference to the appropriate officer or employee 
of the Social Security Administration.

SEC. 204. EFFECTIVE DATES.

    (a) In General.--The preceding provisions of this title shall take 
effect July 1, 1994.
    (b) New Spending Authority.--Any new spending authority provided by 
this title shall be effective for any fiscal year only to such extent 
or in such amounts as are provided in advance in appropriation Acts.

                                 <all>

HR 1864 IH----2
HR 1864 IH----3